REGULATIONS OF THE UNIVERSITY OF SYDNEY UNION MAY 2018
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REGULATIONS
OF
THE UNIVERSITY OF SYDNEY UNION
MAY 2018THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
In pursuance of the powers conferred on it by the clause 9.2 (e) of the Constitution, the Board of Directors has
enacted the following Regulations:
1. THE BOARD
1.1. Meetings of the Board
1.1.1. The Board shall meet at least ten times in each calendar year.
1.1.2. Meetings of the Board and Committees shall be conducted in accordance with the Standing Orders,
which form Appendix 3 to this document and have the force and effect of Regulations.
1.1.3. The standing orders shall be provided by the CEO to all Board Directors, Committee Members and
Officers of the Union upon their induction.
1.1.4. Formal resolutions shall only be made in the course of a duly notified meeting of the Board, excepting
that a formal resolution may be made where the proposed resolution is circulated to all Directors and
every Director expresses their assent to that proposed resolution.
1.2. The Board Agenda
1.2.1. The business at meetings of the Board shall be determined by the Executive Committee. The Executive
Committee shall make this determination and provide four clear days’ notice of same. The agenda shall
include, but need not be limited to:
(a) Apologies and leave of absence;
(b) Minutes of previous meetings, Business arising from the minutes;
(c) Starring of the agenda and adoption of unstarred items;
(d) Open question time;
(e) Motions of which due notice has been given;
(f) Confidential business;
(g) Reports of the President, Vice President, Honorary Secretary, Honorary Treasurer;
(h) Reports of the Officers of the Union;
(i) Other business.
1.2.2. The agenda must include any item of business referred to Executive Committee by another Committee
of the Board.
1.2.3. The agenda must include any item of business referred to the Executive Committee by a Director.
1.2.4. Substantive resolutions of all Committees shall be included with the agenda for Board Meetings as
recommendations to the Board.
1.3. Intra-board disputes
1.3.1. In the event that there is a dispute between two or more Directors and informal means of resolution
have been ineffectual, an External Arbitrator will be appointed by the Board to act as a Conciliator and
Arbitrator upon the request of any Director.
1.3.2. The External Arbitrator will be not be a director, trustee, employee or agent of the University of
Sydney Union.
1.3.3. Disputes relating to the following matters may be referred by any Board Director to the External
Arbitrator for conciliation:
(a) bullying;
(b) harassment;
(c) difficulties arising from allocation of workload;
(d) difficulties arising from allocation of responsibilities as a Board Director; and
(e) any other difficulties arising in the performance of Board Director duties.
2THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
1.3.4. Upon receipt of such dispute the External Arbitrator will first endeavor to conciliate the matter. Such
conciliation will be undertaken on a confidential basis as between the External Arbitrator, the Directors
who are party to the dispute and any material witnesses as determined by the External Arbitrator.
Parties to the dispute will participate in conciliation in good faith with a view to resolving the dispute.
1.3.5. In the event conciliation is unsuccessful the External Arbitrator may arbitrate the dispute. Any arbitral
award created by the External Arbitrator will be binding on the Board and Board Director who is party
to the dispute or affected by the dispute.
2. DIRECTORS AND OFFICE BEARERS
2.1. All Board Directors shall act in accordance with the Duty Statements for Board Directors, which form
Appendix 1 to this document and constitute Regulations made pursuant to the Constitution.
2.2. The Duty Statements for Board Directors shall not be modified or rescinded except by Special
Resolution of the Board.
2.3. The Board may reprimand a Director by a motion of censure, carried by Special Resolution. Such a
motion must be put on notice, excepting that such a motion may be moved during the course of a
meeting of the board if it arises from conduct occurring during that meeting.
2.4. A motion of censure must be considered in circumstances where a Director believes on reasonable
grounds that another Director:
(a) is in breach of their fiduciary duty to the USU;
(b) is in breach of a duty of confidentiality to the USU;
(c) has failed to remedy a conflict of interest;
(d) has engaged in serious misconduct in the exercise of their functions under the Constitution
and the Regulations made pursuant to it.
(e) has been censured on multiple occasions, being not less than two, on the grounds listed in 2.5.
2.5. A motion of censure may be considered in circumstances where a Director believes on reasonable
grounds that another Director:
(a) is in breach of the Duty Statements for Board Directors;
(b) has improperly used their position;
(c) has defied or obstructed a duly adopted resolution of the Board;
(d) has repeatedly breached the Standing Orders for meeting procedure.
(e) has otherwise engaged in conduct or omitted to act such that the conduct or omission requires
reprimand.
2.6. A motion of censure is not a mechanism by which to silence dissent or vindicate a purely interpersonal
dispute.
2.7. A motion of censure carried on any of the grounds listed in 2.4. may be followed by a further motion,
carried by Special Resolution, imposing any of the following consequences:
(a) the censured Director is removed from any office they hold, including Executive positions,
Committee positions and portfolio positions;
(b) any remuneration, privileges or special benefits afforded to the censured Director are
suspended for a defined period;
(c) the Board formally requests the censured Director’s resignation;
(d) the Board considers a further motion pursuant to Article 9.2F of the Constitution, whereby the
censured Director may be expelled from membership of the USU and consequently ceases to
be a Director. In such a case, the censure motion carried by Special Resolution is followed by
a motion, carried by Special Resolution, to consider an Article 9.2F motion at a subsequent
Board meeting (which may be an extraordinary meeting). The passage of a censure motion
and a subsequent motion to consider an Article 9.2F motion shall enliven Article 9.2G of the
Constitution.
3THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
2.8. A motion of censure carried on any of the grounds listed in 2.5 may be followed by a further motion,
carried by Special Resolution, imposing any of the following consequences:
(a) the censured Director is removed from any office they hold, including Executive positions,
Committee positions and portfolio positions;
(b) any remuneration, privileges or special benefits afforded to the censured Director are
suspended for a defined period;
(c) the Board formally requests the censured Director’s formal apology and/or an undertaking to
remedy the grounds upon which the censure was carried.
2.9. The powers and responsibilities of a Director pursuant to the Constitution and the Regulations made
pursuant to it are unaffected by a censure motion, except as provided by 2.7 and 2.8.
2.10. No Board vote conducted pursuant to this Part may be conducted in camera, though relevant
deliberations may be conducted in camera.
2.11. Where a position on the Board is vacated, the person entitled to fill that vacancy pursuant to the
Constitution shall be notified in writing by the Chief Executive Officer and must reply to the Chief
Executive Officer by letter posted not more than two (2) weeks after the original notification.
3. CONFLICTS OF INTEREST
3.1. In meetings of the Board and its Committees
3.1.1. Directors and Officers of the Union must avoid material conflicts of interest or duty in the conduct
of their functions under the Constitution and the Regulations made pursuant to it.
3.1.2. Directors or Officers of the Union may avoid material conflicts of interest or duty by removing
themselves from consideration of the business to which the conflict relates.
3.1.3. The Board may, by special resolution, declare that a Director or Officer of the Union is
encumbered by a material conflict of interest or duty and recuse them from consideration of the
business to which the conflict relates.
3.2. On Selection Panels
3.2.1. A member of a Selection Panel will have a conflict of interest where the business of the Selection
Panel relates in any way to a person with whom that member has a marital, de facto, close
personal, familial or business relationship.
3.2.2. A member of a selection panel who has a conflict of interest must remove themselves from
consideration of the relevant business of the selection panel. Failure to do so will constitute a
breach of these regulations and may result in disciplinary action.
3.2.3. In the case of a Board Director, disciplinary action may include a formal warning, the suspension
of remuneration and/or privileges or censure.
3.2.4. In the case of an Officer of the Union or a staff member, disciplinary action shall be governed by
the relevant policies.
4. BOARD COMMITTEES
4.1. The Board may create a Committee by ordinary resolution by adopting Terms of Reference. The Terms
of Reference of any Committee presently existing shall form Appendix 2 of this document. These terms
of reference shall set out:
(a) The purpose and duration of the Committee.
(b) The composition of the Committee
4THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
(c) Any special procedures of the Committee, including matters pertaining to its decision-making
procedures, recruitment/appointment procedures and any other matter considered necessary.
(d) The responsibilities and powers of the Committee
4.2. In any Committee, wom*n-identifying people shall comprise no less than half the membership of a
committee. In the case of a committee with an uneven number of members wom*n-identifying people
shall comprise not fewer than the number of members produced by dividing the number of committee
members by two and subtracting one half. If this condition cannot be satisfied, the matter must be
considered by the Board, which may alter the composition of the Committee in order to satisfy the
requirement or choose to allow a temporary exemption to the requirement in respect of that Committee.
4.3. Every Committee shall have a Committee Chair appointed by Board. The Committee Chair shall be
responsible for conducting the business of the Committee in pursuance of its Terms of Reference. The
Committee chair shall also be responsible for ensuring minutes of the Committee’s deliberations are
produced and tabled at the next Ordinary Meeting of the Board following those deliberations.
4.4. A decision of a Committee in pursuance of its Terms of Reference takes immediate effect provided only
that the decision may be rescinded by the Board, said rescission taking only prospective effect.
4.5. A decision of a Committee that is determined by Board to be beyond the power conferred by its Terms
of Reference is invalid and of no prospective effect
5. STANDING COMMITTEES
5.1. The Committees constituted by this section are regarded as essential to the proper governance of the
USU.
5.2. There shall be a Committee known as Executive Committee. It shall comprise the Board Executive and
the CEO. It shall meet at least one week before each Board meeting or as otherwise required for the
purposes of:
(a) Authorising expenditure of less than $5,000.
(b) Authorising expenditure on emergency capital replacements of less than $10,000.
(c) Considering day-to-day matters which are not necessary to bring to Board.
(d) Reviewing the agenda for the next Board meeting and starring all items of importance, provided
that any Director may at the start of the Board meeting request the starring of an item which has not
been starred by the Executive.
(e) The appointment of the Electoral Arbiter and the Returning Officer.
5.3. There shall be a committee known as Finance Committee. It shall comprise:
(a) the President (ex-officio)
(b) the Honorary Treasurer.
(c) up to four external persons appointed by the Board, one of whom is appointed as Chair
(d) one non-Executive Director, Deputy Chair
(e) one University appointee
(f) the Chief Executive Officer (ex officio)
The function of the Committee shall be to review the financial, audit, legal and risk management portfolios of
the organisation and advise the Board in respect of these matters. The committee shall convene at least four
times per year.
5.4. There shall be a Remuneration Committee comprising:
(a) the President, Deputy Chair
(b) the Vice President
(c) the Honorary Treasurer
(d) one non-Executive director
(e) up to two external Directors, one of whom will be appointed Chair
(f) at least one Senate Appointed Board Director
(g) the Immediate Past President of the Board of Directors
(h) the Chief Executive Officer (ex officio)
(i) the Human Resources Director (ex officio)
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REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
The committee shall advise the Board on all long term and short term remuneration issues, including the
target wages growth, and key processes and systems around remuneration for all staff and in particular non
award staff and policies for the remuneration of senior staff. The committee shall advise the Board on all
Human Resources policies, including management systems, performance review systems, all major Industrial
Relations instruments, and recruitment processes and strategies. The Committee shall advise the Board on the
management structure of the USU, seeking best practice management structures for the USU.
The Committee shall review annually, or as necessary, the remuneration of the CEO and advise the Board.
The Committee shall convene at least four times a year.
5.5. There shall be an Electoral Committee comprising:
(a) the President (ex-officio), Chair
(b) the Honorary Secretary (ex-officio), Deputy Chair
(c) the Immediate Past President (ex-officio)
(d) one non-Executive Director
(e) the Immediate Past Returning Officer
(f) the Chief Executive Officer, or their appointee (ex officio)
(g) the Director of Student Programs (ex officio)
(h) the Sales, marketing and Infrastructure Director (ex officio)
The Committee shall consider matters pertaining to the conduct of the USU’s Annual Elections, and
specifically any recommendations made in the report of the Immediate Past Returning Officer. The
Committee shall meet within the two months prior to the opening of nominations for Board, and again within
the two months following the date of the election conducted each year, and at such other times as the
Committee deems fit. The Committee shall review the regulations pertaining to the USU’s Elections and shall
make recommendations to the Board accordingly.
6. CONDUCT OF MEETINGS
6.1. Meetings of the Board and Committees shall be conducted in accordance with the Standing Orders,
which shall form Appendix 3 of this document
6.2. Minutes shall be kept of meetings of the Board, its Committees and all General Meetings of the USU,
and the Board Secretary shall keep a register of these minutes.
6.3. Quorum for Board meetings shall be seven (7) Directors. If any meeting of the USU has not gained
quorum within thirty minutes of the scheduled starting time, the Chair shall declare the meeting lapsed
for the reason of lack of quorum.
7. APPOINTMENT OF STUDENT LEADERS& COORDINATORS
7.1. The Board shall appoint people to the following roles:
(a) Two (2) OWeek Event Coordinators
(b) Two (2) Verge (Arts Festival) Creative Directors.
(c) One (1) Director of Debates.
(d) Two (2) Pulp Editors.
(e) Two (2) WeChat Editors.
(f) Four (4) Campus Activities Coordinators
(g) Two (2) Hermes Editors
7.2. In each case, the Selection Panel shall comprise:
(a) At least one Executive Director
(b) At least one non-executive Director
(c) The relevant staff director (as determined by the CEO), or their appointee
(d) The Director of Human Resources Management or their appointee
6THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
7.3. The Board may, at its complete discretion from time to time choose to create additional student
leadership and coordination roles.
7.4. The Board may from time to time and upon the recommendation of the Human Resources Department
appoint additional people to the interview panels.
7.5. Student leadership/coordination roles may be remunerated with any such remuneration to be reviewed
annually by Board. Student leadership/coordination roles may be assigned a position description, which
may be reviewed annually by Board. Any changes to the level of remuneration or honoraria or the
content of a role description will take effect in the following year, or as determined by Board.
8. ELECTIONS
8.1. Dates and Notice
8.1.1. The Board shall, subject to clause 10.2 (a) of the Constitution, determine the dates and times for
receiving nominations and holding elections.
8.1.2. In the case of each annual election, the Chief Executive Officer shall, at least eight weeks before
the date or dates of the election, post a notice advertising the election by:
(a) stating the day on which nominations open, which shall be at least six weeks before the day or
days of the elections
(b) stating the day and time on which nominations close, which shall be at least five weeks before
the day or days of the elections and not less than seven days after nominations open
(c) stating the day or days of the election
8.2. Electoral Committee
8.2.1. The Electoral Committee of the USU shall not meet in the period after nominations open and
before the declaration of results.
8.3. Duty Statements
8.3.1. The Chief Executive Officer shall ensure that all candidates for election to Board receive a copy of
the Duty Statements for Board Directors upon submission of their nomination for election by the
membership.
8.4. Candidates for Election to Board
8.4.1. All candidates for the USU Board elections shall be required to resign from paid USU positions
before the close of nominations.
8.4.2. All candidates for the USU Board must stand down from USU Committees pending resignation
upon their election. For the avoidance of doubt, this does not include the USU Board.
8.4.3. Each candidate for election must submit a nomination form authorised by at least two nominators
who are members of the USU, provided that no members may nominate more candidates for
election than there are positions to be filled at that election. This form must also contain a
statement of willingness to stand for election signed by that candidate and a recent, passport-style
photograph of the candidate.
8.4.4. Nomination forms may contain information regarding positions held in various organisations. This
information must specify the candidate’s position in the organisation and the period in which the
position was held. Candidates must supply a statutory declaration to affirm the validity of the
information provided. USU Board Directors and staff members may not nominate or second
candidates for election.
7THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
8.4.5. Candidates must also sign and submit statutory declarations affirming that:
(a) they will attend compulsory training sessions as proscribed by the Board from time to time;
(b) they have read and will comply with the USU’s Regulations;
(c) they have read and will comply with the Duty Statements for Board Directors in the event that
they are elected to Board.
(d) they have read and will comply with the USU Candidate Handbook.
8.4.6. Positions on all ballots for USU Elections shall be randomised.
8.4.7. The names of all candidates for election shall be exhibited on the USU notice boards
maintained in accordance with clause 15.1 (g) of the Constitution for a period of not less than
fourteen days preceding the election.
8.5. Polling/pre-polling at Annual Elections
8.5.1. On the day or days of the election for the Board of Directors, polling shall be open at the
University between, at least, the hours of 9.00am and 6.30pm or between such other hours and at
such polling places as the Board may direct
8.5.2. The Electoral Committee may provide for pre-poll voting to take place up to one week before the
first day of the election. Voting procedures shall follow those for voting on the day or days of the
election.
8.5.3. In exceptional circumstances the Returning Officer, in conjunction with the Chief Executive
Officer, may provide for pre-polling to take place more than one day, but not more than one week,
earlier than the first day of the election. Voting procedures shall follow those for voting on the day
or days of the election.
8.6. Voting in Person on Polling Day at Annual Elections
8.6.1. The officer in charge of a polling place shall ensure that only eligible people are allowed to
proceed to cast a vote.
8.6.2. Votes shall be cast in a manner determined by the Committee, saving that
(a) Only eligible members may vote
(b) No person may vote more than once in any election
(c) No vote shall be cast unless the voter is able to present photo identification. For members this
should be in the form of a current USU Access Membership. In the case of other Membership
classes the only acceptable form of photo identification shall be a current University of Sydney
Student Card. An Australian Drivers Licence or passport may be accepted as identification at
the discretion of the Returning Officer.
8.7. Absentee Voting at Annual Elections
8.7.1. A member who is eligible to vote may make an absentee vote at the place and times proscribed by
the Electoral Committee. Absentee voting shall not be available more than 7 working days before
the election or after 4.00pm on the day before the election. Voting procedures shall follow those
for voting on the day or days of the election.
8.8. The Count at Annual Elections
8.8.1. On the closing of the poll, the Returning Officer shall proceed to count the votes.
8.8.2. If in an election there are equal votes cast for two or more candidates the Returning Officer shall
immediately draw lots to determine, from among those candidates whose votes were equal, a
sufficient number to complete the new Board.
8THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
8.8.3. Once the vote has been counted the RO shall announce in such a public space as determined by the
Committee the results of the election and make a Declaration of the Provisional Results.
Furthermore the results shall be emailed to all candidates and posted on the USU Notice Boards
and on the USU Website.
8.8.4. Each candidate for election may nominate a scrutineer by informing the Returning Officer in
writing. There shall only be one scrutineer per candidate in the tally room at any time.
8.8.5. No candidate for election may be appointed scrutineer and shall not be present in the tally room at
any time.
8.9. Roles of Returning Officer/Electoral Arbiter at Annual Elections
8.9.1. The Electoral Committee shall make a recommendation to the Board of a person to act as
Returning Officer. Prior to the opening of nominations, the Board shall appoint a suitable person
to act as Returning Officer. The Returning Officer shall be charged with the conduct of the
election, and any referenda process, and may appoint such assistant officers as may be deemed
necessary. The Returning Officer shall also preside over the subsequent Executive Election held in
June unless the Board determines otherwise.
8.9.2. Neither the Returning Officer nor their assistant officer(s) may be a candidate for election, a
current Board Director, a USU staff member or a person closely associated with any election
candidate as determined by the Board of Directors. They shall also not nominate a candidate for
election.
8.9.3. The Returning Officer shall be paid such remuneration as the Board may from time to time
prescribe.
8.9.4. The Board may appoint a reserve Returning Officer who shall assume the duties of the Returning
Officer in the event that the Returning Officer becomes incapacitated or is otherwise unable to
fulfil their role.
8.9.5. The Returning Officer shall hold office from the time of appointment until such a time as any and
all appeals arising out of the of the Executive Election have been determined.
8.9.6. The Board shall appoint an Electoral Arbiter who shall be a barrister or solicitor of the Supreme
Court of New South Wales or a judge or magistrate. This Electoral Arbiter shall not be a candidate
for election, a Board Director, a USU staff member, or a person closely associated with any
election candidate as determined by the Board of Directors. They shall have jurisdiction over both
the Board Election and Executive Election unless the Board determines otherwise.
8.9.7. The Electoral Arbiter shall hold office from the time of appointment until such time as any and all
appeals arising out of the Executive Election have been determined.
8.9.8. The Board may appoint a reserve Electoral Arbiter who shall assume the duties of the Electoral
Arbiter in the event that the Electoral Arbiter becomes incapacitated or is otherwise unable to fulfil
their role.
8.9.9. Notwithstanding these Regulations, the Returning Officer (RO) and the Electoral Arbiter shall
apply these Regulations having regard to whether or not they consider that a candidate sought
unfairly to influence the result of the ballot, or that candidates were unfairly prejudiced, or that
voters were unfairly influenced by the forbidden practice found to have occurred. The Returning
Officer shall also have the power to consider violations of the USU Candidate Handbook and
behaviour that, in their opinion, appears to contravene the University of Sydney Code of Conduct
for Students.
8.9.10. In the event that these regulations are contravened and a cost is incurred, if the Returning
Officer is satisfied on the balance of probabilities that a candidate is responsible, the
candidate(s) shall be responsible for any costs incurred.
9THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
8.9.11. A Returning Officer, on their own motion or on receipt of a complaint, may require any member
to come before them to submit to questioning.
8.10. Forbidden Practices at Annual Elections
8.10.1. The following shall constitute forbidden practices in an election:
(a) Campaigning of any sort or the soliciting of votes before the date determined by the Electoral
Committee.
(b) A campaign exclusion zone of at least three metres will be marked at polling places under the
direction of the Returning Officer. No candidate or campaigner is permitted to be within this
area. Campaigners and candidates are only allowed within this exclusion zone for the purpose
of submitting their own vote and must cover their campaign T-Shirt whilst doing so
(c) The recording of a vote to which a person is not entitled.
(d) Voting more than once in an election.
(e) The distribution of any written material which in any way comments on the election and which
does not carry on it the name and USU Access Number of the member of the USU who
authorises it and takes responsibility for its contents.
(f) Intentionally making any statement which is materially false in relation to any candidate,
the USU, the USU Staff or the Election.
(g) Causing damage or defacement to any public or private property inside or outside the
University for the promotion of any candidate(s) in any election of USU. For the purpose of
this section, damage or defacement includes, but is not limited to: stickers, posters,
chalking and paint that cannot be removed with water, that is on the inside or outside of
buildings, steps, handrails, footpaths, trees, poles, bins, signs or on any part of the University
and/or the USU and its surrounds not specifically set aside for such purposes.
(h) Chalking in any USU grounds. This includes balconies, pathways, courtyards, walls and any
other surfaces within the USU confines.
(i) Contravening the University’s or USU’s policy on Advertising on Campus.
(j) Using any form of campaign material which contains an adhesive that is designed to secure the
material to any surface except where such usage is allowed under the University and USU
Regulations and Policies.
(k) The distribution by a candidate, or person(s) associated with a candidate’s campaign, of
anything except campaign leaflets and how to vote cards on the day(s) of election. This
provision does not apply to the distribution of any matter by electoral officials.
(l) Bribery, whether direct or indirect and whether before or after an election, by or on behalf of a
candidate, or agent of a candidate, of another candidate, voter(s) or electoral official. For the
purposes of this Regulation, bribery shall include the giving, procuring, promising, offering or
endeavouring to give, procure, promise, or offer money, employment, position or material
resources in exchange for preferential treatment or to induce a voter to vote or to refrain from
voting or to vote in a particular way and includes any threat or intimidation with a view to
inducing preferential conduct and/or to induce a voter to vote or refrain from voting or to vote
in a particular way.
(m) The use of any USU or club or society resource in the campaign of any candidate. This
includes, but is not limited to, staple guns, photocopiers, paper, telephones, telephone lists,
faxes, computers, emails and official USU or club or society social media platforms.
(n) A candidate incurring, or causing to be incurred, expenditure exceeding the amount as
determined annually by the Electoral Committee for any purpose in connection with the election
or incurring, or causing to be incurred, expenditure on goods or ways other than those
proscribed by the committee from time to time. The Returning Officer shall inform candidates
by the date of the close of nominations of the amount for that year and any proscriptions on
spending.
(o) Candidates must include all donations, contributions and gifts to them (except labour) as
expenditure by them.
i. Donations, contributions and gifts are to be valued at their market value.
ii. All Candidates will submit to the Returning Officer a tally of expenses and a copy of
receipts 48 hours prior to the opening of the Poll. The submission shall include a
statutory declaration confirming that the submission reflects a true and accurate
reflection of the total spent thus far.
10THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
iii. All candidates shall provide evidence to the Returning Officer within 24 hours of the
close of polls that the total expenditure that the candidate incurred, or caused to be
incurred, did not exceed the relevant limits under this section.
iv. Expenditure will be valued in accordance with receipts produced by the person except
in the event that, in the Returning Officer’s opinion, the receipted costs are
unreasonable.
v. A person shall not engage in any dishonest practice in relation to an election.
(p) A person shall not, in relation to an election, print, publish or distribute, or cause, permit or
authorise to be printed, published or distributed, any matter or thing containing a statement:
i. that is untrue; or
ii. that is, or is likely to be, misleading or deceptive; or
iii. that is discriminatory on the grounds of sex, sexuality, race and ethnicity, or disability.
iv. It shall be a defence to an allegation of breach of this subsection if the person proves
that she or he did not know and could not reasonably be expected to have known that
the matter or thing contained a statement of the kind referred to in subparagraphs (i)
and (ii) above.
(q) It is a breach of the Regulations to falsify evidence of campaign-related expenditure.
Candidates who are found to have falsified evidence of campaign-related expenditure will be
we automatically excluded from the election.
(r) The distribution of any written material which in any way comments on the election in a
language other than English unless an accurate English translation is provided directly below it.
(s) Any other practices forbidden by the USU Candidate Handbook, a copy of which shall be made
available to all candidates prior to the signing of the statutory declaration in accordance with
8.4.4 (d).
(t) Any other practices which, in their opinion, appears to contravene the University of Sydney
Code of Conduct for Students.
8.10.2. People other than USU members, university staff and students enrolled at the University of
Sydney may not campaign for and on behalf of candidates.
8.11. Complaints to the Returning Office Up Until the Close of Polling at Annual Elections
8.11.1. Full Members and Life Members may lodge a complaint if they believe a breach of the electoral
Regulations has occurred; however the Returning Officer may investigate any aspect of the
electoral process without having received a formal complaint.
8.11.2. Complaints shall be addressed to the Returning Officer.
8.11.3. Complaints must be lodged in writing.
8.11.4. The Returning Officer shall deal with all complaints in a timely manner which shall be no later
than 5 working days from the receipt of the complaint.
8.11.5. The onus of proof lies with the complainant and all supporting material concerning the
complaint must also be lodged at the time that the complaint is lodged.
8.11.6. Where the Returning Officer is of the opinion that, on the balance of probabilities, a breach of
the Regulations, by a candidate, or by an agent of a candidate or on behalf of a candidate has
occurred, they may take all or any of the following courses of action, namely:
i. remedy the matter
ii. dismiss the matter
iii. exclude any candidate or candidates from the ballot, or
iv. disqualify any candidate or candidates irrespective of whether the ballot has been held or
the votes already counted.
8.11.7 The Returning Officer shall be responsible for communicating their decision regarding a breach
of the Regulations. They may do so in a manner of their choosing except in the event that the
11THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
Returning Officer disqualifies a candidate, in which case the decision must be communicated to
all candidates.
8.12. Complaints After The Counting of the Vote at Annual Elections
8.12.1. Candidates may appeal against the Provisional Results by making a written submission, giving
details of the grounds for the complaint, to the RO within 24 hours of the Declaration of the
Provisional Results, in accordance with 17.9.1 (c).
8.12.2. The onus of proof lies with the complainant and all supporting material concerning the
complaint must also be lodged at the time that the appeal is lodged. No supporting documentation
will be received by the RO after the expiry of the 24 hour period.
8.12.3. The Returning Officer shall deal with all complaints in a timely manner which shall be no later
than 5 working days from the receipt of the complaint.
8.12.4. Where the Returning Officer is of the opinion that, on the balance of probabilities, a breach of
the Regulations, by a candidate, or by an agent of a candidate or on behalf of a candidate has
occurred, they may take all or any of the following courses of action, namely:
i. remedy the matter
ii. dismiss the matter
iii. exclude any candidate or candidates from the ballot, or
iv. disqualify any candidate or candidates irrespective of whether the ballot has been held or
the votes already counted.
8.12.5. The election result shall be deemed formally and finally declared upon;
(a) the expiration of 24 hours after the Declaration of the Provisional Results where;
i. the Returning Officer is satisfied that no breaches of these Regulations has occurred; and
ii. no further complaint or appeal has been lodged; or
(b) upon the conclusion of any investigation conducted by the Returning Officer or
determination of any appeal by the Legal Arbiter
8.12.6. No complaints may be lodged later than 24 hours after the Declaration of Provisional Results.
8.13. Appeals Made to The Electoral Arbiter at Annual Elections
8.13.1. Any candidate may appeal to the Electoral Arbiter against any decision made by the Returning
Officer against that candidate.
8.13.2. Appeals to the Electoral Arbiter shall be made in writing, directed to the CEO of the University
of Sydney Union and must be lodged within 24 hours of the Returning Officer’s Ruling.
8.13.3. The onus of proof lies with the complainant and all supporting material concerning the
complaint must also be lodged at the time that the appeal is lodged.
8.13.4. The Electoral Arbiter shall have the same powers as the Returning Officer.
8.13.5. The Electoral Arbiter shall act by way of a hearing according to their own discretion.
8.13.6. The Electoral Arbiter shall make a determination in a timely manner, which shall be no longer
than 14 calendar days from the date of the lodgement of the complaint with the Chief Executive
Officer. If the Appeal is lodged before the Polling Day, the Electoral Arbiter shall, where possible,
rule within 48 hours.
8.13.7. The decision of the Electoral Arbiter shall be final.
12THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
8.14. Any change to the Regulations governing elections made after the opening of nominations in any year
shall take effect only after the elections held in that year
9. EXECUTIVE AND RELATED ELECTIONS
9.1. The meeting mandated by Article 10.3 of the Constitution shall comprise the election of the Office
Bearers of the Union, as well as the chairs and members of any USU Committees and Director(s) of
Student Publications. It shall further comprise the election of directors to the following areas of special
responsibility:
(a) The Wom*n’s Portfolio;
(b) The Queer Portfolio;
(c) The Environment Portfolio;
(d) The Ethnocultural Portfolio;
(e) The International Student Portfolio.
9.1.1. The Director elected to the Wom*n’s Portfolio must be wom*n-identifying. The Director elected
to the Queer Portfolio must be queer identifying. The Director elected to the Ethnocultural
Portfolio must identify as one or more of: a person of colour; a person marginalized by white
supremacy; an Aboriginal or Torres Strait Islander. The Director elected to the International
Student Portfolio must be an international student.
9.1.2. In the case of each portfolio area:
(a) in the event that no non-Executive Director is elected to the position, an Executive Director
who fulfils the requirements of 9.1.1 may take the portfolio.
(b) In the event that no Executive Director is elected, a Director will be appointed to hold the area
of special responsibility in consultation with community groups, including, but not limited to,
relevant collectives, relevant clubs and societies and members who fulfill the relevant
requirements of 9.1.1.
(c) In the event that these provisions are exhausted, the directors who fulfill the requirements of
9.1.1 shall be collectively responsible for the relevant area of special responsibility.
9.1.3. The holder of a portfolio is responsible for:
(a) Ensuring that the deliberations of the Board are fully informed by the considerations arising
from that area.
(b) Continuously consulting with the relevant stakeholders and proposing any actions necessary to
accommodate their particular requirements. Relevant stakeholders include, but are not limited to,
relevant collectives, relevant clubs and societies and members who fulfill the relevant
requirements of 9.1.1.
(c) Doing any other thing that the portfolio holder deems appropriate in the interests of the relevant
stakeholders, subject to the Constitution and the Regulations made pursuant to it.
9.2. Dates and Notice
9.2.1. As per the USU Constitution, this meeting shall be held on a working day in June.
9.2.2. The date and time of this meeting should be determined by the Electoral Committee no less than
ten (10) working days before the election is due to be held.
9.3. Executive Positions
9.3.1. As per section 10.3 (a) of the USU Constitution, the Executive of the Board should comprise a
President, a Vice-President, an Honorary Treasurer, and an Honorary Secretary.
9.4. Eligibility
13THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
9.4.1. All Eligible Directors (as per the USU Constitution) except for the Immediate Past President shall
be permitted to vote in the Executive Election, and to be nominated for election to any Office
Bearer or related position.
9.5. Appointed Electoral Positions
9.5.1. The Returning Officer for the Executive Election shall be the same person who acted as Returning
Officer for the preceding Board Election unless the Board determines that this person is no longer
suitable to preside over the Executive Election.
9.5.2. The Returning Officer shall have the following responsibilities:
(a) Chairing the Special Meeting for the Executive Election.
(b) Arbitrating on any disputes which may arise during the meeting.
(c) Announcing the provisional result of each Office Bearer election.
(d) Providing information about the voting procedure and rules of the Executive Election to all
incoming Board Directors prior to the meeting.
9.5.3. The Returning Officer may appoint an assistant to help with the conduct of the meeting. This
person shall not be a USU staff member, an incoming board director, a former Board Director or a
person closely associated with any Eligible Director.
9.5.4. As per section 17.10.2, the Electoral Arbiter for the Executive Election shall be the same person
who acted as Electoral Arbiter for the preceding Board Election unless the Board determines that
this person is no longer suitable to preside over the Executive Election.
9.6. Voting Procedure
9.6.1. The Executive of the Board should be elected in the following order: President, Vice-President,
Honorary Treasurer, Honorary Secretary.
9.6.2. During the election of each Office Bearer, the following procedure should be observed:
(a) The Returning Officer shall open the nominations for the position.
(b) Eligible Directors may nominate themselves or other Eligible Directors for the position. Each
nominated Board Director may then accept or decline their nomination.
(c) The Returning Officer shall read out the full list of accepted nominations.
(d) Each nominated candidate shall be offered the opportunity to speak to their nomination for up
to 3 minutes.
(e) Where only one candidate is nominated for the position, that candidate shall be declared
provisionally elected by the Returning Officer.
(f) Where two or more candidates are nominated, a secret ballot shall be held. In such a secret
ballot:
i. The Returning Officer should remind Eligible Directors that the Quota-
Preferential Method of Proportional Representation (or Single Transferrable
Vote) will be used to determine the outcome of the election.
ii. The Returning Officer shall issue each Eligible Director with one voting
paper.
iii. The Returning Officer shall collect the voting paper of each Eligible Director
in an enclosed ballot box.
iv. Once all voting papers have been collected, the Returning Officer shall leave
the room to commence counting the votes.
v. Upon the conclusion of the count, the Returning Officer should make a
Declaration of the Provisional Result of the election.
9.7. The Count
14THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
9.7.1. (a) The voting system to be employed in the Executive Election is the Quota-Preferential Method
of Proportional Representation (or Single Transferrable Vote) to be conducted according to the
rules published by the Proportional Representation Society of Australia.
(b) Where two candidates receive an equal number of votes following the dissemination of all
preferences, the winner shall be determined by the tossing of a coin by the Returning Officer. The
Returning Officer shall allocate a side of the coin to each candidate and should toss it themselves. The
candidate allocated the side which lands face-up on the ground shall be declared provisionally elected.
(c) Where three or more candidates receive an equal number of votes following dissemination of all
preferences, the winner shall be determined by drawing the name of the candidate from a ballot box.
The Electoral Officer shall write the names of all candidates on equally-sized pieces of paper, and place
them in the box. The Returning Officer shall then draw one piece of paper from the box, and the
candidate whose name is selected shall be declared provisionally elected.
9.7.2. (a) Each candidate may nominate a scrutineer by informing the Returning Officer following the
announcement of a secret ballot and prior to the counting of votes. Only one scrutineer may be
nominated per candidate.
(b) Scrutineers must not be current or incoming Board Directors, must remain physically separate
from the area in which voting papers are counted and must abide by all instructions of the
Returning Officer.
9.8. Restrictions on Voting
9.8.1. No Eligible Director shall vote more than once in any Office Bearer Election.
9.8.2. In the event of extraordinary circumstances which preclude an Eligible Director’s in-person
attendance at the Special Meeting, the Director may:
(a) forfeit their right to vote at the Special Meeting; or
(b) seek permission from the Returning Officer to appoint a proxy.
9.8.3. The Returning Officer has sole authority to grant an Eligible Director the opportunity to appoint a
proxy to vote on their behalf at the Special Meeting. The decision of the Returning Officer is final
and is not able to be appealed to any higher authority.
9.9. Complaints After The Counting of the Vote
9.9.1. For the purpose of this section, ‘candidate’ refers to a Board Director who was a candidate in the
election that is being appealed.
9.9.2. Candidates may appeal a provisional result on the grounds that an electoral regulation was
breached during the conduct of the Executive Election by making a written submission to the
Returning Officer within 24 hours of the declaration of the provisional results giving details of the
grounds for the complaint.
9.9.3. The onus of proof lies with the complainant and all supporting material concerning the complaint
must be lodged simultaneously with the complaint.
9.9.4. The Returning Officer shall deal with all complaints within five (5) working days of receiving the
complaint.
9.9.5. Where the Returning Officer is of the opinion that, on the balance of probabilities, a breach of the
regulations outlined in this section has occurred during the course of the Executive Election, they
may take any of the following actions:
(a) Dismiss the matter.
(b) Declare the provisional election of a particular Office Bearer to be invalid and request that
another election for the position in question be held. The Electoral Committee shall call a Special
Meeting for the election of this position, providing no less than ten (10) working days’ notice.
9.10. Appeals Made to the Electoral Arbiter
9.10.1. Any candidate may elevate an appeal allowed in section 9.9 to the Electoral Arbiter.
15THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
9.10.2. Appeals to the Electoral Arbiter shall be made in writing, directed to the CEO of the University
of Sydney Union and must be lodged within 24 hours of the Returning Officer’s ruling.
9.10.3. The onus of proof lies with the complainant and all supporting material concerning the
complaint must be lodged simultaneously with the complaint.
9.10.4. The Electoral Arbiter shall have the same powers as the Returning Officer.
9.10.5. The Electoral Arbiter shall act by way of a hearing according to their discretion.
9.10.6. The Electoral Arbiter shall make a determination within ten (10) working days from the date of
the lodgement of the complaint with the Chief Executive Officer.
9.10.7. The decision of the Electoral Arbiter shall be final.
9.11. Declaration of Final Results
9.11.1. The Executive Election Result shall be formally and finally declared upon:
(a) 24 hours after the Declaration of Provisional results where:
i. The Returning Officer is satisfied that no breaches of the regulations outlined in this section
(section 9) have occurred, and
ii. No further complaint or appeal has been lodged; or
(b) Within 24 hours of the conclusion of any investigation conducted by the Returning Officer or
determination of any appeal by the Electoral Arbiter.
9.12. Application of this section
9.12.1. Any election by and amongst the Directors to a position prescribed by the Constitution or the
Regulations made pursuant to it shall be governed by sections 9.3 to 9.11 inclusive.
10. USE OF USU PREMISES
10.1. The Board may permit the use of USU premises to a group affiliated with the USU, including, but not
limited to, clubs and societies, SRC collectives and groups of students engaged in a USU program.
10.2. Any such permission must be set out in Appendix 4 to this document and shall have the force of
Regulation made pursuant to the Constitution, but no other legal status. No such agreement shall give
rise to enforceable rights/duties as against the USU, except through the operation of such provisions as
USU Regulations.
11. ADMINISTRATION
11.1. Access to records
11.1.1. All records of the USU shall be open for inspection by any Board Director after reasonable
notice has been given to the Chief Executive Officer with the exception of contracts and staffing
information relating to staff other than the Chief Executive Officer.
11.1.2. The Board may, in exceptional circumstances, resolve to grant access to Board Directors to any
record deemed an exception herein.
16THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
11.1.3. If any expenditure authorised by the Board is not incurred within six months from the date of
authorisation, unless part of the Budget, the authorisation shall lapse.
11.1.4. Except by permission of the Board, no credit shall be given to members of the USU, nor shall
any money be lent by the USU or its employees to any member.
11.2. Auditors
11.2.1. Auditors shall be appointed/re-appointed by the Board at a meeting of the Board prior to the
Annual General Meeting with the terms and conditions of appointment/re-appointment to be then
determined.
11.2.2. The appointment/re-appointment shall be confirmed at the Annual General Meeting with the
proviso that in the absence of quorum the Board's recommendation shall stand.
11.2.3. The Board shall not appoint/re-appoint a person or firm as Auditor of The USU unless that
person or firm has, prior to the appointment, confirmed the terms and conditions of
appointment/re-appointment to act as Auditor, by notice in writing to The USU.
11.2.4. The Auditors shall be required to submit a comprehensive written report to the Board following
the completion of the Annual Accounts.
11.3. Extraordinary Funding
11.3.1. The USU may provide additional funding or alternate forms of funding, or loans, to groups or
individuals affiliated with the USU. Any such application for additional funding must satisfy the
following conditions:
(a) The submission clearly falls outside the standing funding sources, or an extension to
funding caps is deemed to be necessary
(b) The submission has confirmed other sources of funding
(c) The applicants have consulted with relevant USU staff
(d) The Board approves the submission by special resolution.
11.3.2. All applications for extraordinary funding are to be directed to the Vice President no later than a
week prior to a meeting of the Board.
17THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
APPENDIX 1
DUTY STATEMENTS FOR BOARD DIRECTORS
The Duty Statements for Board Directors form part of the Regulations of the University
of Sydney Union.
CONTENTS
1. DIRECTORS
2. PRESIDENT
3. VICE PRESIDENT
4. HONORARY TREASURER
5. HONORARY SECRETARY
6. COMMITTEE CHAIRS
7. DEPUTY CHAIRS
8. PORTFOLIO HOLDERS
9. DIRECTOR OF STUDENT PUBLICATIONS
18THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
DUTY STATEMENTS OF NON-EXECUTIVE AND EXECUTIVE DIRECTORS
1. DIRECTORS
(a) Directors shall comply with their roles and responsibilities as prescribed by law and as outlined in the Institute
of Company Directors Publication “Duties and Responsibilities of Company Directors” viz:
(i) Fiduciary duty to the USU and its members
(ii) Duty of care and diligence
(iii) Abuse of corporate opportunity
(iv) Improper use of information
(v) Personal liability.
(b) Directors shall act in accordance with the Constitution, Regulations and Duty Statements.
(c) Directors shall:
(i) show respect and courtesy for other members of the Board, members of the USU and staff
(ii) not allow personal preferences or differences to impede their work as Directors
(iii) not give directions to staff members to place them in a position that asks them to disregard directions
from their supervisors.
(d) Directors shall attend:
(i) Annual and mid-year budget sessions
(ii) Board meetings
(iii) The Annual General Meeting
(iv) Committees of which they are members and other meetings and appointments at which their presence
is required
(v) The annual induction for Directors
(vi) All interviews as stipulated in the Regulations
(vii) Any Board Directors Training sessions that may arise provided four weeks’ notice is given of the
session.
(e) Directors shall review the Constitution and Regulations on an on-going basis, and where necessary, in
consultation with Committee members.
(f) Directors shall:
(i) accurately and without distortion represent Board policy on any issue
(ii) communicate with and consult the President over the Board agenda
(iii) communicate regularly with the Chief Executive Officer and relevant Department Heads in order to
understand the operational implications of proposed policies
(iv) participate annually in at least one tour of campuses and clinical sites conducted by the
USU.
(g) Directors shall not breach camera.
(h) Directors shall declare all conflicts of interest.
(i) Directors shall not claim expenses in excess of their entitlement for any one year.
(j) Directors shall:
(i) seek to inform USU members and the broader community of the detrimental effect
voluntary student unionism (VSU) in all its forms would have on the USU and all other student
organisations
(ii) campaign against VSU in all its forms during State or Federal elections if it arises as an
issue
(iii) work with other student organisations to fight VSU in all its forms on a campus, state and national
level.
(k) Directors, on completing their term of Office, shall return any property of the USU such as keys, files, phones
or other equipment that may be in their possession.
19THE UNIVERSITY OF SYDNEY UNION
REGULATIONS AND DIRECTORS’ DUTY STATEMENTS
2. PRESIDENT
(a) The President shall act in accordance with 8.2 of the Constitution.
(b) The President, in consultation with the Chief Executive Officer, shall set the Board and Executive agenda.
(c) The President shall attend:
(i) meetings of the Board, the Board Executive, and other meetings as required
(ii) meetings of Wentworth Annexe Limited
(iv) meetings of the USU Alumni and Friends Council
(v) meetings of the University Senate as required.
(d) The President shall prepare a report for monthly Board meetings on matters of relevance to his/her report.
(e) The President shall:
(i) be familiar with the basic rules of meeting procedure
(ii) with the Honorary Treasurer, meet with the audit partner as soon as is practicable after the election
of the said President and Honorary Treasurer
(iii) have at least six consultation hours per week either in the President’s Office or in public locations
within the Holme, Wentworth or Manning buildings.
(iv) meet periodically with the Patron of the USU, and with representatives from the
University, including the Vice-Chancellor and Registrar
(vi) meet periodically with the President or senior representative of the following organisations:
Students’ Representative Council, Sydney University Postgraduate Representative Association and
Sydney University Sport and Fitness.
(vii) organise and facilitate Board Directors Training.
(f) At the commencement of the term of the new President, the outgoing President shall induct the new
President. This shall include:
(i) A formal meeting with the USU’s Chief Executive Officer
(ii) Furnishing the new President with copies of annual and mid-year budgets, annual performance
plans, information about the Chief Executive Officer review process and other important material
(iii) Furnishing the new President with all documents relevant to matters topical at the time
(iv) Furnishing the new President with copies of all correspondence for the past year per the
Correspondence File as well as important memoranda
(v) Identifying policies adopted by Board that the new President should specially oversee to ensure
their implementation
(vi) Identifying processes of which the new President should be aware, such as agenda setting, cheque
signing and expense reimbursement.
(g) The President shall table at the ordinary December and June Board meetings a list of total expenses claimed
by each Director.
(h) The President shall, where the Director of Student Publications is unable or in need of clarification, inspect
USU publications.
(i) The President shall sign cheques when called to do so.
3. VICE PRESIDENT
(a) The Vice President shall act in accordance with 8.3 of the Constitution.
(b) The Vice President shall attend:
(i) meetings of the Board, the Board Executive, and other meetings as required
(ii) Student Experience Committee meeting
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